How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31952
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I am an employer in the state of California. I hired a bookeeper

Customer Question

I am an employer in the state of California. I hired a bookeeper on a per diem basis, and about 8 months ago, put her on an hourly rate, working full time. I own a trucking company, and have recently updated my computer system. The program I updated to, involves bookeeping, and is running more efficiently. Due to the efficiency of the program, although it has been to my benefit, there is less work for her to do.
What is the protocal for taking her to part time, and will there be legal ramifications?
My employee in the past has sued her employers, and before talking to her, want to know the legal protocal. Thank You
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Do you anticipate the employee may allege discrimination on some basis? If so, what basis?

How many employees do you have?

Customer: replied 2 years ago.
I can't see how she would. She sued her last employer, and also works as a dRealtor part itme, and tripped and fell at a house she showed, and is now suing the homeowner. I am more concerned of her getting angry. She is job specific, and she is the only one in the office that does her job. I have three employee's in the office, one is part time, and the other does data entry. She does only Bookeeping.
Expert:  Tina replied 2 years ago.
I see. Thank you for the additional information.

State law does typically permit employees and employers to terminate the employment relationship altogether at any time and without notice pursuant to the employment at will doctrine, provided there are no laws violated such as anti-discrimination laws.

There is no specific protocol for modifying an employee's terms of employment or terminating them, but you should keep in mind that you do have the right to modify her employment or even terminate her at any time as long as you are not violating any laws or your own policies. So if she becomes unreasonable or angry, you could terminate her for insubordination typically.

The law does treat a modification of terms of employment as a new offer of employment, even if the employment is continuous. The employee can either reject or accept the "new offer" and if the offer results in a reduction of hours or pay of at least 20%, the employee could reject it and seek unemployment benefits, which may be what occurs in this situation if the employee does not want to accept the part-time assignment.

Here is a link I found that provides good advice on terminating employees:

http://corporate.findlaw.com/human-resources/effectively-ending-an-employment-relationship.html


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

If you experience technical problems, please let me know or contact support@justanswer.com

Expert:  Tina replied 2 years ago.
Hello again Richard,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.
Is there anything else that I can assist you with? If not, and if you haven’t already, would you please now rate my service to you highly? Thanks in advance!
Tina

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.